Nov 032011
 November 3, 2011  Posted by  Court, Surveillance

The Associated Press reports that a federal judge dismissed a lawsuit by former Minnesota Gov. Jesse Ventura challenging the use of full-body scans and pat-downs at airport checkpoints as unreasonable searches under the Fourth Amendment.

Note that judge dismissed the case not on its merits or lack thereof, but for lack of jurisdiction. The court’s memorandum and opinion provides the precedent:

This is not the first challenge to TSA’s enhanced airport screening procedures to be brought in federal courts. In every case, the court has determined that it lacks jurisdiction to hear such challenges. See Roberts v. Napolitano, Civil No. 10-1966, 2011 WL 2678950 (D.D.C. July 7, 2011); Durso v. Napolitano, Civil No. 10-2066, 2011 WL 2634183 (D.D.C. July 5, 2011); Redfern v. Napolitano, Civil No. 10-12048, 2011 WL 1750445 (D. Mass. May 9, 2011); Corbett v. United States, No. 10-Civ-24106, 2011 WL 2003529 (S.D. Fla. Apr. 29, 2011).

The “guts” of Ventura’s claim was that TSA’s procedures are not an “order” within the meaning of the word “order” in the statute, and therefore, the requirement that challenges can only be heard in one specific court do not apply. The court did not agree, it seems.

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